Transcript Interest Based Bargaining

United States Department
of Agriculture, Animal and
Plant Health Inspection
Service, Plant Protection
and Quarantine
Interest-Based Bargaining
Brought to you by:
THE PPQ LABOR – MANAGEMENT FORUM TRAINING
TEAM
Interest-Based Bargaining
PPQ LABOR-MANAGEMENT FORUM TRAINING TEAM:
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Mike Randall, NAAE
Stephanie “Jane” Droke, NAPPQOSE
Keith Miller, PPQ Management
Joanne Adams, LR Specialist
Learning Objectives
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Provide an overview of Interest Based Bargaining
Review the Goals of IBB
Review the Principles of IBB
Explain the IBB Process
What is Interest-Based Bargaining?
Interest-Based Bargaining is a different way to
negotiate.
In the right situation, it is an alternative,
replacing traditional positional bargaining with
a process of joint problem-solving.
What is Interest-Based Bargaining?
A Different Way to Negotiate
Known by many names and practiced in many
variations and settings:
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Win-Win Bargaining
Mutual Gains
Principled or Interest-Based Negotiation
Interest-Based Problem Solving,
Best Practice or Integrative Bargaining
What is Interest-Based Bargaining?
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IBB enables the parties to be more flexible
than traditional bargaining
IBB focuses on understanding the problem
and identifying the interests that underlie
each side’s issues and positions.
What is Interest-Based Bargaining?
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IBB is a process that enables traditional
negotiators to become joint problemsolvers.
It assumes that mutual gain is possible and
that solutions which satisfy mutual interests
are more durable.
The parties should help each other achieve
a positive result.
What is Interest-Based Bargaining?
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Interest-based bargaining is not -- nor should
it be -- a universal replacement for positional
or distributive negotiating.
In an appropriate setting it offers an
alternative with certain advantages. Outside
that setting, IBB will probably fail.
The parties will switch back to traditional
bargaining, but with increased suspicion and
distrust, and their relationship may suffer
additional damage.
Goals of Interest-Based Bargaining
An IBB negotiation has 3 distinct goals:
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to reach a desired and durable result
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to reach agreement efficiently and fairly
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to keep the relationship intact
Principles of Interest-Based
Bargaining
Six Principles
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Sharing relevant information is critical for
effective solutions.
Focus on issues, not personalities.
Focus on the present and future, not the
past.
Principles of Interest-Based
Bargaining
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Focus on the interests underlying the issues.
Focus on mutual interests, and helping to
satisfy the other party’s interests as well as
your own.
Options developed to satisfy those interests
should be evaluated by objective criteria,
rather than power or leverage.
What is Required to be Successful?
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Evidence of labor-management cooperation
during the past contract term.
Sufficient time remaining prior to contract
expiration to complete the sequence of
decision-making about IBB, training and
application of the process.
Willingness of the parties to fully share
relevant bargaining information.
What is Required to be Successful?
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Willingness to forgo power as the sole
method of "winning.“
Understanding and acceptance of the
process by all participants and their
constituents.
Is Interest-Based Bargaining Right
for You?
IBB begins with formal training by a facilitator.
If participants cannot accept the principles
and assumptions that underlie the process, it
is highly unlikely that they will be able to
follow the steps and use the techniques during
negotiations.
Is Interest-Based Bargaining Right
for You?
When the parties and the facilitator
determine that IBB is appropriate, training
is the next step. The program should
include exercises which test participants’
ability to work through the process to
completion -- an indicator of how well the
parties will handle the process in actual
negotiations.
Is Interest-Based Bargaining Right
for You?
With a decision to proceed, mediators
facilitate a joint meeting of the participants
to reach agreement on ground rules and
protocols under which the bargaining will be
conducted, an exchange of the issues to be
negotiated, and steps for a transition to
traditional bargaining if the IBB process
breaks down.
Interest Based Bargaining Process
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Problem solving is about resolving underlying
interests.
Interests are your needs, concerns, or desires
behind a particular problem.
The “why” behind the problem.
Interests drive any negotiated outcome if a problem
is to be really resolved.
Interest Based Bargaining Process
Position: one party’s proposed solution to an
issue; the how.
A position statement:
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focuses on a particular solution,
makes a demand, and
sets up confrontation before the problem
has been clearly defined.
Interest Based Bargaining Process
Converting positions to interests:
If a demand, solution, proposal, or
position appears on your interest list, convert
it to an interest by asking what problem it is
trying to solve or what concern it is intended
to address.
Interest Based Bargaining Process
Issue Statement
a. What is the problem? What is occurring?
b. Tell the story
Interest Based Bargaining Process
Interests – the “why”
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Needs, desires
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Mutual/separate
Interest Based Bargaining Process
Options – identify any options for “how” to
deal with the problem and that take into
account the interests of the parties
a.
Brainstorming
b.
Consolidation
Interest Based Bargaining Process
Evaluation – FBA
a. Feasible – legal, affordable,
workable, understandable
b. Beneficial – satisfy important
interests, better then what you have today?
c. Acceptable – fair and equitable, pass
Agency head review
Interest Based Bargaining Process
Solutions
a. Consensus – all members agree or
are willing to accept the solution
“A decision everyone can live with”
b.
Write up
Interest Based Bargaining Process
Building Consensus:
 Listen
actively
 Encourage others to participate
 Share information
 Don’t change your mind to get along
 Yield to reason not pressure
 Listen to all ideas
Interest Based Bargaining Process
Building Consensus:
 Don’t
bargain
 Work collaboratively
 Combine ideas creatively
 Don’t argue for an idea because it’s yours
 Look for mutual gains approaches
Interest Based Bargaining Process
Dissenter obligations:
a.
explain why; and
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propose solution building on or
modifying proposed solution
Interest Based Bargaining Process
Testing For Consensus:
Has everyone been heard?
A simple test at the conference table:
“Is there anyone who can’t live with the
proposed solution?”
Interest-Based Bargaining
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Focus on issues – not personalities or the
past
Describe the problem, don’t accuse or
assign motivation
Focus on interests – not positions
Understand interests – don’t judge them
Defer evaluation during the optiongenerating stage
Evaluate options with standards
Interest-Based Bargaining
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Share Information
Respect the role and responsibility of others
– listen
Be open to reasoned argument
Be willing to change your mind
Sustain the relationship and process
Interest-Based Bargaining